Legal Question in Wills and Trusts in California
The state was awarded conservatorship over my grandmother. I received court papers in the mail stating that they were requesting conservatorship of her and her estate. My father her only child has been in a coma for 16 years. I was told that he would get her property when she died and then would come to me if he ever died. Since, he is unable to do anything about it could I?
Since, I didn't attend the court hearing did I lose my chance?
Please advise.
3 Answers from Attorneys
You did lose your chance in this round, though you could apply to be her conservator yourself. Really, though, you probably do not want that burden. The conservatorship of the person and estate does not deprive you or your father of any inheritance rights. It just means that the state is going to manage her financial affairs for her until she dies. Then inheritance will be handled the same as if she never had a conservator.
You should sit down with a lawyer ASAP to discuss your situation and the assets involved so that you can take the necessary steps to protect what ever assets your grandmother has. While your father's (and your) inheritance rights are not eliminated by the conservatorship, the control and ultimate distribution of the assets could be.
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Mr. MCormick is right in that you only lost the issue of who is going to be the conservator of your grandmother for the time being. As he points out, you have not lost any inheritance rights.
When I was in law school, my professor for Wills and Probate asked the class to list our heirs. Everyone got the question wrong, because it was a trick question. Living people do not have heirs. Your heirs are determined at your death.
What this means to you is that the heirs of your grandmother are determined when she passes away, not now. You may not be around at that point, or your father might not be around, etc.
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